Madras High Court
S.Murugesan vs The Director General Of Police on 23 February, 2021
W.P.No.14304 of 2015
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 23.02.2021
CORAM
THE HONOURABLE MR.JUSTICE R.MAHADEVAN
W.P.No.14304 of 2015
S.Murugesan ... Petitioner
Vs
1.The Director General of Police
(Law and Order)
O/o.The Director General of Police,
Santhome High Road,
Chennai – 600 004.
2.The Deputy Inspector of Police,
Salem Range,
Salem.
3.The Superintendent of Police,
Dharmapuri District,
Dharmapuri. ... Respondents
Writ Petition filed under Article 226 of the Constitution of India to
issue a Writ of Mandamus, directing the 1st and 2nd respondents to dispose
of the representation of the petitioner dated 18.03.2015 in the light of the
judgment dated 12.11.2013 and made in C.C.No.134 of 2013 on the file of
the Judicial Magistrate, Palacode.
Page No.1/5
https://www.mhc.tn.gov.in/judis/
W.P.No.14304 of 2015
For Petitioner : Mr.M.Selvam
For Respondents : Mr.J.Ramesh, AGP
ORDER
The petitioner has come up with this Writ Petition to direct the 1 st
and 2nd respondents to dispose of the representation of the petitioner dated
18.03.2015 in the light of the judgment dated 12.11.2013 passed by the
Judicial Magistrate, Palacode, in C.C.No.134 of 2013.
2.According to the petitioner, he joined the Police Department as a
Constable on 08.06.1988 and was working as Head Constable in
Marandahalli Police Station, Dharmapuri District from 21.09.2011. While
so, by order dated 09.10.2012, he was placed under suspension as per Rule
3(e)(1)(ii) of TNPSS (D&A) Rules, 1955, in connection with case in Crime
No.612/2012 registered for the offences under Section 294(b) IPC and
Section 4(1)(i) of TNP Act. Consequently, he was issued with a charge
memo dated 11.10.2012, to which he submitted his explanation. Being
dissatisfied with the same, enquiry was conducted against the petitioner,
which ultimately, ended in punishment of compulsory retirement. Feeling
aggrieved, the petitioner filed appeal to the second respondent, which was
Page No.2/5
https://www.mhc.tn.gov.in/judis/
W.P.No.14304 of 2015
rejected by confirming the order of punishment passed by the third
respondent. In the mean while, the criminal proceedings initiated against the
petitioner ended in acquittal by judgment dated 12.11.2013 passed by the
Judicial Magistrate, Palacode in CC No.134/2013. Citing the same, the
petitioner made a representation dated 18.03.2015 to the respondents
requesting to revoke the punishment imposed on him and permitting him to
join duty, which was not considered till date. Hence, this writ petition.
3.Heard both sides and perused the materials placed before this Court.
4.Considering the nature of the relief sought herein, this Court directs
the respondents to consider the petitioner's representation dated 18.03.2015,
if not already considered, and pass appropriate orders, on merits and in
accordance with law and also taking into account the judgment dated
12.11.2013 passed by the Judicial Magistrate, Palacode in CC No.134/2013.
Such an exercise shall be completed, within a period of eight (8) weeks
from the date of receipt of a copy of the order.
Page No.3/5
https://www.mhc.tn.gov.in/judis/
W.P.No.14304 of 2015
5.With the above direction, the writ petition stands disposed of. No
costs.
23.02.2021
Index : yes/no
Internet : yes/no
dsa
To
1.The Director General of Police
(Law and Order)
O/o.The Director General of Police,
Santhome High Road,
Chennai – 600 004.
2.The Deputy Inspector of Police,
Salem Range,
Salem.
3.The Superintendent of Police,
Dharmapuri District,
Dharmapuri.
Page No.4/5
https://www.mhc.tn.gov.in/judis/
W.P.No.14304 of 2015
R.MAHADEVAN, J.
dsa
W.P.No.14304 of 2015
23.02.2021
Page No.5/5
https://www.mhc.tn.gov.in/judis/
